If a person dies without a will (or “intestate”), the heirs must be determined in Texas probate court proceedings called Dependent Administration and Heirship Determination. Legal fees for these proceedings can easily double the fees for probate if the decedent had died with a valid Will.
During those Heirship Proceedings, if the deceased person had one marriage, the surviving spouse usually receives 100% of the decedent’s assets. If the decedent has no spouse at death, the estate usually goes to the children. However, if the deceased person was in a second marriage, the law gives the decedent’s children by the first marriage 1/2, 1/3 and 2/3 of all assets, depending on whether the assets are real estate or personal property, and community or separate property. The second spouse receives 1/2, 2/3 or 1/3 of the assets.
If you hire the estate planning attorneys at Badeaux & Associates to draft your Last Will and Testament, your heirs will avoid the unnecessary court costs, complicated proceedings and delays.